which is subject to the privilege of the Third Claimant. It is important to record that,
although that information is covered by privilege it did not disclose nor refer to any
legal advice.
9. The Tribunal, after careful consideration, is satisfied that there was no use or
disclosure of the privileged information for the purpose of defending the civil claim
brought by the Third Claimant and others in Al Saadi & ors v. Straw & ors
[HQ12X02604] . That information was not disclosed to any lawyer instructed in or
policy official working on those proceedings. Thus there was no contravention of
Article 6 ECHR.
10. In addition the Tribunal’s finding is that even if the legally privileged information had
been disclosed to the Government defence team it would not have been of any use in
the conduct of the defence, nor have provided any litigation advantage to the defence.
11. On the basis of the declaration made on 26 February 2015 the Tribunal has
determined that there was an infringement of Article 8 in respect only of the legally
privileged information of the Third Claimant contained in two documents held by
GCHQ.
12. As to remedy the Tribunal has determined that there should be no award of
compensation. The Third Claimant has not suffered any detriment or damage, because
the information was of no significant value and was not disclosed nor used to his
prejudice. The declaration already made, and this determination, is just satisfaction for
the Third Claimant.
13. The Tribunal is satisfied that the legally privileged information contained in the two
relevant documents will be adequately protected from any unlawful use or disclosure
in the future. However in order to emphasise the importance of the protection of
legally privileged material the Tribunal has required GCHQ to give an undertaking
that the parts of the documents containing legally privileged information will be
destroyed or deleted so as to render such information inaccessible to the agency in the
future. One hard copy of the two documents will be delivered within 7 days to the
Interception of Communications Commissioner, to be retained for a period of 5 years,
in case it may be required for any further legal proceedings or inquiry. The
Respondents may only seek to inspect that copy by application to the Tribunal, which
will only be permitted on grounds other than the use of the information for
intelligence purposes. The Tribunal has also required GCHQ to provide within 14
days a closed report confirming that the destruction and deletion of the two
documents has effectively been carried out.